Toulouse v. Burkett
Idaho Supreme Court
APPEAL from District Court, Alturas County. Findings contrary to admission in the pleadings must be disregarded, nor can a defendant controvert a fact admitted by the pleadings. (Burnett v. Stearns, 33 Cal. 468; Bradbury v. Cro-nise, 46 Cal. 287; Mill v. Den, 54 Cal. 20; Tracy v. Craig, 55 Cal. 93; Silvey v. Deary, 59 Cal. 97, 98; White v. Douglass, 71 Cal. 115,11 Pac. 860.) A refusal of a party to perform amounts to abandonment. (Hicks v. Lovell, 64 Cal. 14-21, 49 Am.
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APPEAL from District Court, Alturas County. Findings contrary to admission in the pleadings must be disregarded, nor can a defendant controvert a fact admitted by the pleadings. (Burnett v. Stearns, 33 Cal. 468; Bradbury v. Cro-nise, 46 Cal. 287; Mill v. Den, 54 Cal. 20; Tracy v. Craig, 55 Cal. 93; Silvey v. Deary, 59 Cal. 97, 98; White v. Douglass, 71 Cal. 115,11 Pac. 860.) A refusal of a party to perform amounts to abandonment. (Hicks v. Lovell, 64 Cal. 14-21, 49 Am. Rep. 679, 27 Pac. 942.) Where parties wishing to apply one law, but mistakenly apply another, relief will be afforded, and…
1Opinion of the CourtBuck, J.
This action is brought to set aside an alleged contract, and to reform a deed, upon the ground that it was executed by mutual mistake. The plaintiff appeals from the judgment, and brings the cause into this court on a bill of exceptions.
The errors assigned and insisted upon are that certain findings of fact by the trial court are contrary to the evidence, in that they are contrary to the admissions in defendant’s answer. There is no evidence in the transcript, and appellant rests the merits of his appeal entirely upon admissions by defendant in failing to deny certain allegations of the…
2Cases cited4 opinions
- White v. San Rafael & San Quentin RailroadCalifornia Supreme Court · 1875
- Hazard v. ColeIdaho Supreme Court · 1869
- Lowe v. TurnerIdaho Supreme Court · 1867
- Goodman v. Minear Mining & Milling Co.Idaho Supreme Court · 1867
3Cited by4 opinions
- Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
- State v. PerryIdaho Supreme Court · 1894
- Work Bros. v. KinneyIdaho Supreme Court · 1900
- Parker v. BeagleIdaho Supreme Court · 1895